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(영문) 의정부지방법원 2017.09.01 2017고단2726
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, around December 8, 2016, the Defendant promised to receive KRW 4 million per month from a person in a name in the name in front of the Seocho-si, Hoju-si, Yangju-si, and delivered 2 physical card linked to the one bank account (B) and the Agricultural Cooperative account (C) to the name in the name of the Defendant through Kwikset Service.

As a result, the Defendant promised to pay for the consideration, and used the approaching media respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition and a detailed statement of transaction;

1. Details of account transactions in a single bank;

1. Application of Acts and subordinate statutes on account transactions in agricultural cooperatives;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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